【法规名称】
【法规编号】 68907 什么是编号？
【正 文】
第5页 CAP 272 MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE
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[接上页] (5) In this section, the expression "material" (具关键性) means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions; and the expression "liability covered by the terms of the policy" (保险单条款承保的法律责任) means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. (6) In this Ordinance, references to a certificate of insurance in any provision relating to the surrender, or the loss or destruction, of a certificate of insurance shall, in relation to policies under which more than one certificate is issued, be construed as references to all the certificates, and shall, where any copy has been issued of any certificate, be construed as including a reference to that copy. [cf. 1934 c. 50 s. 10 U.K.] Cap 272 s 11 Bankruptcy, etc., of insured persons not to affect certain claims by third parties Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance (Cap 273) shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 6(1)(b), but nothing in this section shall affect any rights against the insurer conferred by that Ordinance on the person to whom the liability was incurred. [cf. 1934 c. 50 s. 11 U.K.] Cap 272 s 12 Avoidance of restrictions on scope of policies covering third party risks (1) Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters- (a) the age or physical or mental condition of persons driving the vehicle; or (b) the condition of the vehicle; or (c) the number of persons that the vehicle carries; or (d) the weight or physical characteristics of the goods that the vehicle carries; or (e) the times at which or the areas within which the vehicle is used; or (f) the horsepower or value of the vehicle; or (g) the carrying on the vehicle of any particular apparatus; or (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under this Ordinance or by or under the Road Traffic Ordinance (Cap 374),shall, as respects such liabilities as are required to be covered by a policy under section 6(1)(b), be of no effect: Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person. (2) Where a person uses, or causes or permits any person to use, a motor vehicle on a road in such circumstances that under section 4(1) there is required to be in force in relation to his use of it such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Ordinance, then, if any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held- (a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 6(1) to be covered by a policy of insurance; or (b) to impose any conditions with respect to the enforcement of any such liability of the user,and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user. (Added 22 of 1976 s. 4) (3) For the purposes of subsection (2)- (a) references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle; and (b) the reference to an antecedent agreement is to one made at any time before the liability a rose. (Added 22 of 1976 s. 4) [cf. 1934 c. 50 s. 12 U.K.] Cap 272 s 13 Duty of person against whom claims are made to give information as to insurance (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 6(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for purposes of this Ordinance, or would have been so insured if the insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof under section 6(3). |
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